Posted by KA/Cal on 8/28/11 6:02pm
Msg #395388

Heres one to have fun with- Illegal Act?

I performed a signing this weekend where one of the borrowers name on the documents was Debra March Smith and her ID stated only Debra March. Signing company was instructing me to notarize as Debra March Smith because Signature Affadavit states the name Debra Marh as well as Debra March Smith. At the end of string I will tell you what happened and which Signing Company it was. Give me your thoughts...

Reply by Linda_H/FL on 8/28/11 6:08pm
Msg #395389

Signature Affidavit is not acceptable ID ...

I've had companies try to get me to go along with that line too about the Same Name Affidavit - it's not acceptable ID for notarization purposes...and that's non-negotiable.

That being said, here in FL if I'm satisfied that they're one and the same, I can notarize "Debra March, who represented to me that she took title as Debra March Smith, and produced <<form of ID>> in the name of Debra March as identification"

She would have to prove to me to a reasonable certainty that she is Debra March and Debra March Smith - how? That' s her problem and her job to provide me with enough info to make that determination.

MHO

Reply by JanetK_CA on 8/28/11 6:23pm
Msg #395390

Re: Signature Affidavit is not acceptable ID ...

Unfortunately, CA doesn't have that option - although I wish we did. I agree, though, that the ss doesn't get to tell the notary how to notarize. The only signature that goes on that line after the notary certificate is the notary's, and (s)he is the only one responsible for the consequences of what is done there.

Reply by ReneeK_MI on 8/29/11 5:58am
Msg #395459

Janet, would THIS work for CA?

Just as Linda illustrated - with a tweak.

W/permission, of course - change vesting on Mtg to "Linda Marsh, W/T/T/A Linda Marsh Smith"
Her signature line "Linda Marsh"
Notarial Cert "Linda Marsh"

The vesting verbiage changes "Linda Marsh Smith" from being her identity, per sey, to being a statement of fact about Linda Marsh. That statement of fact wouldn't be repeated in her signature, nor in the notarial cert.

Once you get past the Mtg being completed in a way that will record - you can often get T/C to give a go-ahead on the remaining notarized docs being done w/ "Linda Marsh", the non-notarized docs can be signed as-is, and of course the name aff (for lender's purposes, not ours) incorporating both variants.

Reply by GOLDGIRL/CA on 8/28/11 6:28pm
Msg #395391

Well, let's see.... since you said "fun," is this a trick question?

In any case .... you used 2 CIWs? She had two IDs, one in her married name, one in her maiden name? Smith isn't even her name? She lined out Smith and initialed?

I give, tell us what happened!

Reply by HisHughness on 8/28/11 6:41pm
Msg #395393

***I give, tell us what happened!***

She called the SS, told them to bite her buns, gave the borrower the address of DPS so she could get a new driver's license with the correct name, turned her stamp into a really distinctive pen holder for her desk, and took that job as a greeter at Wal-Mart.

Or she told the borrower she would get back to her, and then quickly posted her question on NotRot so we'd tell her what to do.

Bright lady.

Reply by KA/Cal on 8/28/11 6:50pm
Msg #395394

After the Signing Company telling me to perform an illegal act I quickly said that wasn't going to happen and asked how she would like me to proceed. She then told me any other notary would just notarize with the name printed on the Deed. Again I asked her how to proceed. "I guess sign it and it will be your responsibility. " I told her I would notarize per the ID and would you like me to do anything else. She told me " do whatever" In a very harsh tone. I hung up and asked the borrowers if they would like to proceed, but I would have to notarive borrower as Debra March and they said yes. "REDRAW" ! So LOAN_ CLOSERS is now off my list of signing companies and the docs will be returned with the California notary Republic requirements. And I doubt I will get paid!

Reply by Linda_H/FL on 8/28/11 6:53pm
Msg #395395

"California Notary Republic requirements"...????

I'm praying this is tongue-in-cheek...

Reply by KA/Cal on 8/28/11 6:55pm
Msg #395397

Re: "California Notary Republic requirements"...????

YES!

Reply by GOLDGIRL/CA on 8/28/11 7:35pm
Msg #395400

HUH? n/m

Reply by jba/fl on 8/28/11 9:54pm
Msg #395427

I think she meant that she sent a copy of CA NP law. n/m

Reply by rolomia on 8/29/11 7:29am
Msg #395466

Hopefully, one of the NSA's they attempt to manipulate will get fed-
up enough with Loan Closer's nonsense that said NSA will file an anonymous or confidential complaint with the Dept. of Real Estate regarding the loans that said signing service has been contracted to close. When said state agency reviews BO's name affidavits in filed paperwork, then compares that to their state-issued ID or DL, they will notice any discrepancies. With any luck, the TC will be held both legally and financially liable. If such a miracle does occur, it's then probable that said TC will fire said SS. NSA's also have the option of filing formal complaints against said SS with their Secretary of State, their Attorney General and the Better Business Bureau.

Reply by KA/Cal on 8/28/11 6:54pm
Msg #395396

P.S. No witnesses anywhere but Idaho and they said they could get them on the phone. LOL

Reply by LKT/CA on 8/28/11 11:41pm
Msg #395442

If the ID says Debra March <only> then Debra March cannot be Debra March Smith.

If the ID says Debra March Smith then Debra March could be Debra March Smith.

Reply by CJ on 8/29/11 1:10am
Msg #395449

Loan Closers is a lot of trouble in my book. They low-ball you, and then they "forget" to pay you, and that is after you invoice them. They give you a random check without telling you what jobs it covers and when you do find out what jobs it is SUPPOSED to cover, it does not add up. I had to tell them to quit calling me.

Reply by SharonMN on 8/29/11 9:38am
Msg #395481


The answer to this is to have the documents redrafted as Debra March (the name on her ID). The lender and title can then have her swear on the Sig Affidavit that she is the same person as Debra March Smith. It doesn't work the other way around.

Reply by Linda_H/FL on 8/29/11 8:30pm
Msg #395654

Loan docs aren't drafted in accordance with name on ID

They're drawn in accordance with how title is vested ..and apparently it's not the same as the DL.